Law

Should legislation provide gay couples the opportunity to marry

LEGALISING GAY MARRIAGES The question on whether gay couple’s marriages should be legalized has attracted public debates and drawn conflicting opinions. The civil rights of an individual should not be subjected to voting if our laws have to be democratic (Ojalvo, 2009). With the growing number of gay couples, the question that we should ask ourselves is when gay marriages will be legalized and not whether gay couples should be permitted to marry. In a democracy, the majority decisions should not be a tyranny on the minority’s right. The two third majority thresholds to amend the constitution becomes the uphill task in legalizing gay marriages in most states in America. There are several reasons why gay couples should marry. First, marriage is a fundamental constitutional right which every citizen enjoys. It is therefore a right to choose of a marriage partner whether from same sex or opposite. What if the heterosexual couples were denied a right to marry? Double standard in law is retrogressive and intolerable in a democracy. It is therefore within ones province to choose a marriage partner and not to be determined through voting (Merin, 2002). Will people have to vote for one to select an opposite sex partner? Secondly, gay couples are also American citizens and should not be compelled to migrate to the foreign countries to exercise their marriage rights. It hurts for a parent to have his/ her child depart to other countries because of having a choice parallel to that of the majority. Moreover, an action that does not infringe on the enjoyment of other people’s rights is acceptable and must not be penalized. According to Merin (2002), gay couples in enjoyment of their freedom in no way curtail the enjoyment of the heterosexual couples right. There is therefore no reason as to why gay marriages should be unconstitutional. Besides, the opponents of gay marriages lack an understanding of gays. They have failed to recognize that it is as natural as heterosexual marriages (Ojalvo, 2009). In conclusion, the dynamic society calls for flexibility, cultural diversity, and equality. The people in the society must understand the need to remain open minded and to learn to respect the rights of others if they expect their interests to be acknowledged too. With the growing increase in youth population who are fervent supporters of homosexual marriages and declining numbers of aging population, the gay marriages will see its day.
List of References
Merin, Y. (2002). Equality for Same-sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States. Chicago: University of Chicago Press.
Ojalvo, H. E. (2009). Should Gay Couples Be Allowed to Marry? New York Times. Retrieved from http://learning.blogs.nytimes.com/2009/11/05/should-gay-couples-be-allowed-to-marry/

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